Conflict with existing fundamental legal principle of general application - consultations with the Court


Georgia - Law on Cooperation between the International Criminal Court and Georgia 2003 EN

Chapter II
National State Agency Responsible for Cooperation between the International Court and Georgia

Article 5. Consultation with the International Court

The Responsible Agency shall have the authority to consult with the International Court on matters related to the request as prescribed by the Statute. Consultation with the International Court shall be obligatory if the execution of the request:
a) contradicts fundamental legal principles of a state, as indicated in Article 93(3) of the Statute;

Rome Statute

Article 93 Other forms of cooperation

3. Where execution of a particular measure of assistance detailed in a request presented under paragraph 1, is prohibited in the requested State on the basis of an existing fundamental legal principle of general application, the requested State shall promptly consult with the Court to try to resolve the matter. In the consultations, consideration should be given to whether the assistance can be rendered in another manner or subject to conditions. If after consultations the matter cannot be resolved, the Court shall modify the request as necessary.